James C. Raines and Nic T. Dibble
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199735853
- eISBN:
- 9780199863457
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735853.001.0001
- Subject:
- Social Work, Children and Families
There are three essential differences between this book and most others in the field of ethics. First, instead of focusing on specific issues, it focuses on the process of ethical decision-making. ...
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There are three essential differences between this book and most others in the field of ethics. First, instead of focusing on specific issues, it focuses on the process of ethical decision-making. Second, instead of writing for a specific profession, it is written for all mental health professionals working in elementary and secondary schools. Finally, most other books on ethics assume that they are writing for the individual ethical agent, it argues that the best ethical decisions are made in collaboration with others. The books examines a seven-step process for resolving difficult ethical dilemmas in schools: (i) knowing yourself and your professional responsibilities, (ii) analyzing the predicament, (iii) seeking consultation, (iv) identifying courses of action, (v) managing clinical concerns, (vi) implementing the decision, and (vii) reflecting on the process. Each chapter contains real-life scenarios based on real practice or actual cases in the public domain, ethical guidelines for addressing key points, exercises, and relevant internet sites.Less
There are three essential differences between this book and most others in the field of ethics. First, instead of focusing on specific issues, it focuses on the process of ethical decision-making. Second, instead of writing for a specific profession, it is written for all mental health professionals working in elementary and secondary schools. Finally, most other books on ethics assume that they are writing for the individual ethical agent, it argues that the best ethical decisions are made in collaboration with others. The books examines a seven-step process for resolving difficult ethical dilemmas in schools: (i) knowing yourself and your professional responsibilities, (ii) analyzing the predicament, (iii) seeking consultation, (iv) identifying courses of action, (v) managing clinical concerns, (vi) implementing the decision, and (vii) reflecting on the process. Each chapter contains real-life scenarios based on real practice or actual cases in the public domain, ethical guidelines for addressing key points, exercises, and relevant internet sites.
Donald Maurice
- Published in print:
- 2004
- Published Online:
- May 2008
- ISBN:
- 9780195156904
- eISBN:
- 9780199868339
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195156904.003.0001
- Subject:
- Music, History, Western
This introductory chapter highlights the special problems associated with this work including the inaccessibility of the manuscript for five decades, the incompleteness of the sketches, and the ...
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This introductory chapter highlights the special problems associated with this work including the inaccessibility of the manuscript for five decades, the incompleteness of the sketches, and the challenges of authenticity and legal issues faced by revisionists. It concludes with a summary of the book's chapters.Less
This introductory chapter highlights the special problems associated with this work including the inaccessibility of the manuscript for five decades, the incompleteness of the sketches, and the challenges of authenticity and legal issues faced by revisionists. It concludes with a summary of the book's chapters.
KAREN J. ALTER
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199260997
- eISBN:
- 9780191717505
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199260997.003.0003
- Subject:
- Law, Comparative Law, Private International Law
Germany is a clear example of how judicial rivalries and divergent judicial preferences regarding European legal issues have shaped the process of doctrinal change. Divergent preferences created a ...
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Germany is a clear example of how judicial rivalries and divergent judicial preferences regarding European legal issues have shaped the process of doctrinal change. Divergent preferences created a dynamic of legal integration that both propelled the expansion of European law into the national sphere and created limits to its reach in the national sphere. While full doctrinal agreement has not been achieved, German courts and the political actors have thus far found ways to accept the legal substance of European Court of Justice (ECJ) decisions and keep legal tensions from rupturing and undermining the authority of European law and the ECJ. This chapter traces the negotiation process in Germany. Section I identifies the main actors in Germany and their preferences in European legal issues. Section II explains the evolution of the German doctrinal debate over time, divided into rounds in which the debate developed. Section III explains how the German experience contributed to European integration.Less
Germany is a clear example of how judicial rivalries and divergent judicial preferences regarding European legal issues have shaped the process of doctrinal change. Divergent preferences created a dynamic of legal integration that both propelled the expansion of European law into the national sphere and created limits to its reach in the national sphere. While full doctrinal agreement has not been achieved, German courts and the political actors have thus far found ways to accept the legal substance of European Court of Justice (ECJ) decisions and keep legal tensions from rupturing and undermining the authority of European law and the ECJ. This chapter traces the negotiation process in Germany. Section I identifies the main actors in Germany and their preferences in European legal issues. Section II explains the evolution of the German doctrinal debate over time, divided into rounds in which the debate developed. Section III explains how the German experience contributed to European integration.
F. A. R. Bennion
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199564101
- eISBN:
- 9780191705465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564101.003.0019
- Subject:
- Law, Constitutional and Administrative Law
Officials and lawyers need to be taught and use certain techniques of dealing with legislation, i.e., ‘law handling’ or ‘law management’. Ability effectively to manage the relevant law is central to ...
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Officials and lawyers need to be taught and use certain techniques of dealing with legislation, i.e., ‘law handling’ or ‘law management’. Ability effectively to manage the relevant law is central to any lawyer's or law student's functioning. The techniques are needed for both solving and avoiding problems, since each depends on exposing the legal thrust applicable to the factual situation. Law management is the general skill, applied in the context of particular facts (whether actual or hypothetical) and supplemented where necessary by detailed knowledge of the particular area of law in question in a case, of identifying the legal issues involved, formulating the relevant legal rule(s) and, by intellectual manipulation of the materials (witness statements, case reports, legislative enactments, etc.), reaching the legal resultant (or arguable legal resultant) of applying the rule(s) to the facts. This needs to be accompanied by the working out and formulation of explanations and arguments.Less
Officials and lawyers need to be taught and use certain techniques of dealing with legislation, i.e., ‘law handling’ or ‘law management’. Ability effectively to manage the relevant law is central to any lawyer's or law student's functioning. The techniques are needed for both solving and avoiding problems, since each depends on exposing the legal thrust applicable to the factual situation. Law management is the general skill, applied in the context of particular facts (whether actual or hypothetical) and supplemented where necessary by detailed knowledge of the particular area of law in question in a case, of identifying the legal issues involved, formulating the relevant legal rule(s) and, by intellectual manipulation of the materials (witness statements, case reports, legislative enactments, etc.), reaching the legal resultant (or arguable legal resultant) of applying the rule(s) to the facts. This needs to be accompanied by the working out and formulation of explanations and arguments.
Michael Freeman and David Napier (eds)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199580910
- eISBN:
- 9780191723025
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580910.001.0001
- Subject:
- Law, Comparative Law
Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to ...
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Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use — and abuse — of extra-legal arguments within legal theory and practice. Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. It focuses on the inter-connections between the two disciplines, and also includes case studies from around the world.Less
Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use — and abuse — of extra-legal arguments within legal theory and practice. Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. It focuses on the inter-connections between the two disciplines, and also includes case studies from around the world.
Felice Davidson Perlmutter, Darlyne Bailey, and F. Ellen Netting
- Published in print:
- 2000
- Published Online:
- January 2009
- ISBN:
- 9780195137071
- eISBN:
- 9780199865611
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195137071.003.0002
- Subject:
- Social Work, Communities and Organizations
This chapter discusses critical legislation that impacts professionals within human service organization. Information is provided about various laws that affect the workplace (e.g., The Family Leave ...
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This chapter discusses critical legislation that impacts professionals within human service organization. Information is provided about various laws that affect the workplace (e.g., The Family Leave Act, The Equal Opportunity Act, The Americans with Disabilities Act, and the Age Discrimination Act). Case examples are presented to familiarize managerial supervisors with the issues and approaches to be considered in meeting legal mandates.Less
This chapter discusses critical legislation that impacts professionals within human service organization. Information is provided about various laws that affect the workplace (e.g., The Family Leave Act, The Equal Opportunity Act, The Americans with Disabilities Act, and the Age Discrimination Act). Case examples are presented to familiarize managerial supervisors with the issues and approaches to be considered in meeting legal mandates.
Jonathan Montgomery (ed.)
- Published in print:
- 2006
- Published Online:
- November 2011
- ISBN:
- 9780198567745
- eISBN:
- 9780191730436
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198567745.003.0012
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Palliative Medicine Research
This chapter examines the legal issues associated with multiprofessional teamwork in the palliative care setting. It considers the legal context in which the multidisciplinary team operates and ...
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This chapter examines the legal issues associated with multiprofessional teamwork in the palliative care setting. It considers the legal context in which the multidisciplinary team operates and analyses the legal principles that govern teamwork in palliative care using the concepts of responsibility, accountability, and liability as a framework. It suggests that well-functioning palliative care teams will find that liability rules generally reflect their collective responsibilities, respect their demarcation of different roles when appropriate, and provide a structure within which careful referral and delegation not only enhances patient care but protects members from allegations of malpractice.Less
This chapter examines the legal issues associated with multiprofessional teamwork in the palliative care setting. It considers the legal context in which the multidisciplinary team operates and analyses the legal principles that govern teamwork in palliative care using the concepts of responsibility, accountability, and liability as a framework. It suggests that well-functioning palliative care teams will find that liability rules generally reflect their collective responsibilities, respect their demarcation of different roles when appropriate, and provide a structure within which careful referral and delegation not only enhances patient care but protects members from allegations of malpractice.
Bebe J. Anderson, Maurizio Macaluso, and Lynne S. Wilcox
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0019
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter discusses the legal and policy interventions for reproductive health. It outlines the law governing reproductive health in the United States, with particular emphasis on the federal ...
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This chapter discusses the legal and policy interventions for reproductive health. It outlines the law governing reproductive health in the United States, with particular emphasis on the federal Constitution, statutes, regulations, and case law. It considers legal issues and controversies such as issues related to reproductive health services generally or to services other than abortion, issues related solely to abortion, and legal issues relating to payment for services.Less
This chapter discusses the legal and policy interventions for reproductive health. It outlines the law governing reproductive health in the United States, with particular emphasis on the federal Constitution, statutes, regulations, and case law. It considers legal issues and controversies such as issues related to reproductive health services generally or to services other than abortion, issues related solely to abortion, and legal issues relating to payment for services.
Michael Ashby and Danuta Mendelson
- Published in print:
- 2008
- Published Online:
- November 2011
- ISBN:
- 9780199216901
- eISBN:
- 9780191730252
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199216901.003.0006
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Palliative Medicine Research
This chapter examines the ethical and legal issues related to family caregiving in palliative care. The result suggests that death per se is not an ethical issue, and false perceptions of what the ...
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This chapter examines the ethical and legal issues related to family caregiving in palliative care. The result suggests that death per se is not an ethical issue, and false perceptions of what the law and ethics require have the capacity to obstruct good care and decision-making at the end of life. The findings also indicate that ethics in palliative care is mainly about good process rather than theory and that effective, appropriate and sensitive work with families is necessary for good palliative care to be delivered.Less
This chapter examines the ethical and legal issues related to family caregiving in palliative care. The result suggests that death per se is not an ethical issue, and false perceptions of what the law and ethics require have the capacity to obstruct good care and decision-making at the end of life. The findings also indicate that ethics in palliative care is mainly about good process rather than theory and that effective, appropriate and sensitive work with families is necessary for good palliative care to be delivered.
Matthew Rizzo, Sean McEvoy, and John Lee
- Published in print:
- 2006
- Published Online:
- May 2009
- ISBN:
- 9780195177619
- eISBN:
- 9780199864683
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195177619.003.0023
- Subject:
- Neuroscience, Sensory and Motor Systems, Behavioral Neuroscience
This chapter considers how neuroergonomics—the study of the brain and behavior at work in healthy and impaired states—is relevant to assessments and interventions in patient safety at the levels of ...
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This chapter considers how neuroergonomics—the study of the brain and behavior at work in healthy and impaired states—is relevant to assessments and interventions in patient safety at the levels of individuals and health care systems. It reviews potential areas for neuroergonomic interventions at the level of individuals and systems, and cultural and legal issues that affect the ability to intervene.Less
This chapter considers how neuroergonomics—the study of the brain and behavior at work in healthy and impaired states—is relevant to assessments and interventions in patient safety at the levels of individuals and health care systems. It reviews potential areas for neuroergonomic interventions at the level of individuals and systems, and cultural and legal issues that affect the ability to intervene.
Leslie Kux, Jeremy Sobel, and Kevin M. Fain
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0015
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter discusses legal and policy interventions for food safety. Topics covered include legal authorities, legal issues and controversies, public health practice considerations, and emerging ...
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This chapter discusses legal and policy interventions for food safety. Topics covered include legal authorities, legal issues and controversies, public health practice considerations, and emerging issues. Public health and food-safety regulatory agencies face many challenges in ensuring the safety and security of the U.S. food supply. The emergence of new pathogens and sources of transmission, the rapidly changing practices for food production and distribution, the practical difficulties in responding to foodborne disease outbreaks, and the concern about the possibility of deliberate contamination of food are issues that federal, state, and local government agencies must address in protecting the public health. As food-safety challenges evolve, so must agencies' legal authorities, along with their scientific and administrative capabilities.Less
This chapter discusses legal and policy interventions for food safety. Topics covered include legal authorities, legal issues and controversies, public health practice considerations, and emerging issues. Public health and food-safety regulatory agencies face many challenges in ensuring the safety and security of the U.S. food supply. The emergence of new pathogens and sources of transmission, the rapidly changing practices for food production and distribution, the practical difficulties in responding to foodborne disease outbreaks, and the concern about the possibility of deliberate contamination of food are issues that federal, state, and local government agencies must address in protecting the public health. As food-safety challenges evolve, so must agencies' legal authorities, along with their scientific and administrative capabilities.
Verla S. Neslund, Richard A. Goodman, and James L. Hadler
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0009
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter provides an overview of the legal issues relating to public health surveillance and field epidemiology. It discusses the general legal authorities for surveillance and public health ...
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This chapter provides an overview of the legal issues relating to public health surveillance and field epidemiology. It discusses the general legal authorities for surveillance and public health investigations provided by the U.S. Constitution and by state laws; legal milestones in the evolution of public health surveillance, outbreak investigations, and disease control in the United States; and legal issues related to the collection, analysis, and dissemination of surveillance data. The chapter also presents information about new surveillance challenges beyond traditional infectious disease models, including the influence of bioterrorism preparedness on surveillance activities.Less
This chapter provides an overview of the legal issues relating to public health surveillance and field epidemiology. It discusses the general legal authorities for surveillance and public health investigations provided by the U.S. Constitution and by state laws; legal milestones in the evolution of public health surveillance, outbreak investigations, and disease control in the United States; and legal issues related to the collection, analysis, and dissemination of surveillance data. The chapter also presents information about new surveillance challenges beyond traditional infectious disease models, including the influence of bioterrorism preparedness on surveillance activities.
Roy Parker
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9781847420145
- eISBN:
- 9781447304142
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847420145.001.0001
- Subject:
- Social Work, Children and Families
Some 80,000 British children – many of them under the age of ten – were shipped from Britain to Canada by Poor Law authorities and voluntary bodies during the fifty years following Confederation in ...
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Some 80,000 British children – many of them under the age of ten – were shipped from Britain to Canada by Poor Law authorities and voluntary bodies during the fifty years following Confederation in 1867. How did this come about? What were the motives and methods of the people involved in both countries? Why did it come to an end? What effects did it have on the children involved and what eventually became of them? These are the questions explored in this book, which brings together economic, political, social, medical, legal, administrative, and religious aspects of the story in Britain and Canada. The author concludes with a review of evidence from more-recent survivors of child migration, discussing the lifelong effects of their experiences with the help of modern psychological insights. The book features the relatives and descendants, both in Britain and Canada, of the children around whom this study revolves.Less
Some 80,000 British children – many of them under the age of ten – were shipped from Britain to Canada by Poor Law authorities and voluntary bodies during the fifty years following Confederation in 1867. How did this come about? What were the motives and methods of the people involved in both countries? Why did it come to an end? What effects did it have on the children involved and what eventually became of them? These are the questions explored in this book, which brings together economic, political, social, medical, legal, administrative, and religious aspects of the story in Britain and Canada. The author concludes with a review of evidence from more-recent survivors of child migration, discussing the lifelong effects of their experiences with the help of modern psychological insights. The book features the relatives and descendants, both in Britain and Canada, of the children around whom this study revolves.
Richard A. Daynard, Mark A. Gottlieb, Edward L. Sweda, Jr, Lissy C. Friedman, and Michael P. Eriksen
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0018
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter discusses the legal and policy interventions for preventing and controlling tobacco use. It reviews legal authorities that affect tobacco use at the federal, state, and local levels, and ...
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This chapter discusses the legal and policy interventions for preventing and controlling tobacco use. It reviews legal authorities that affect tobacco use at the federal, state, and local levels, and considers key developments in tobacco litigation. The chapter discusses legal issues and controversies such as reducing youth access to tobacco, reducing exposure to second hand smoke, and the regulation of tobacco advertising and promotion.Less
This chapter discusses the legal and policy interventions for preventing and controlling tobacco use. It reviews legal authorities that affect tobacco use at the federal, state, and local levels, and considers key developments in tobacco litigation. The chapter discusses legal issues and controversies such as reducing youth access to tobacco, reducing exposure to second hand smoke, and the regulation of tobacco advertising and promotion.
Neil F. Comins
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9780231177542
- eISBN:
- 9780231542890
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231177542.003.0003
- Subject:
- Physics, History of Physics
Chapter 3 describes testing to see if you are qualified to travel into space. Discusses legal matters related to your flight.
Chapter 3 describes testing to see if you are qualified to travel into space. Discusses legal matters related to your flight.
Giulio Bartolini
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199604555
- eISBN:
- 9780191725180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604555.003.0012
- Subject:
- Law, Public International Law, Human Rights and Immigration
A possible legal issue related to the involvement of private military and security companies (PMSCs) in armed conflicts is the classification of persons who accompany the armed forces for personnel ...
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A possible legal issue related to the involvement of private military and security companies (PMSCs) in armed conflicts is the classification of persons who accompany the armed forces for personnel belonging to such firms by the states who contracts them. This chapter examines the legal issues related to this question, mainly focusing on the conduct of hostilities (particularly the qualification of PMSC personnel as civilians or combatants, direct participation in hostilities) and the status of these personnel if captured. Recent situations of armed conflict have raised questions of whether PMSC personnel are entitled to claim prisoner of war status under Article 4.A.4 of the Third Geneva Convention. In addressing this question, the chapter examines both the link between the individual and the armed forces or other entities as well as the type of activities undertaken by PMSC employees claiming such protection.Less
A possible legal issue related to the involvement of private military and security companies (PMSCs) in armed conflicts is the classification of persons who accompany the armed forces for personnel belonging to such firms by the states who contracts them. This chapter examines the legal issues related to this question, mainly focusing on the conduct of hostilities (particularly the qualification of PMSC personnel as civilians or combatants, direct participation in hostilities) and the status of these personnel if captured. Recent situations of armed conflict have raised questions of whether PMSC personnel are entitled to claim prisoner of war status under Article 4.A.4 of the Third Geneva Convention. In addressing this question, the chapter examines both the link between the individual and the armed forces or other entities as well as the type of activities undertaken by PMSC employees claiming such protection.
Lora Wildenthal
- Published in print:
- 1997
- Published Online:
- May 2012
- ISBN:
- 9780520205406
- eISBN:
- 9780520918085
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520205406.003.0008
- Subject:
- Anthropology, European Cultural Anthropology
This chapter analyzes several cases of disputed citizenship drawn from the German colonies before World War 1, suggesting that the cases of marriage between white German men and colonized women of ...
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This chapter analyzes several cases of disputed citizenship drawn from the German colonies before World War 1, suggesting that the cases of marriage between white German men and colonized women of color show how citizenship law worked in a political context of colonial empire which was organized by gender hierarchy and race. It also discusses the legal issues and cultural meanings of citizenship in the context of Rogers Brubaker's book Citizenship and Nationhood in France and Germany.Less
This chapter analyzes several cases of disputed citizenship drawn from the German colonies before World War 1, suggesting that the cases of marriage between white German men and colonized women of color show how citizenship law worked in a political context of colonial empire which was organized by gender hierarchy and race. It also discusses the legal issues and cultural meanings of citizenship in the context of Rogers Brubaker's book Citizenship and Nationhood in France and Germany.
Yuval Ginbar
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199540914
- eISBN:
- 9780191716256
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199540914.003.0021
- Subject:
- Law, Human Rights and Immigration
This chapter provides the book's conclusions. The consequentialist morality of extreme situations, as advocated by those who justify interrogational torture in a ‘pure’ theoretical ticking bomb ...
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This chapter provides the book's conclusions. The consequentialist morality of extreme situations, as advocated by those who justify interrogational torture in a ‘pure’ theoretical ticking bomb situation (TBS), is reflected in the actual legal positions and practices of states facing terrorism that have chosen to torture. However, such states face moral, practical and legal obstacles, some of them insurmountable. The words of a UK diplomat, a Palestinian would-be suicide bomber, and an international terrorist are quoted to illustrate everyone's freedom to make — even facing emergencies, danger, and oppression — minimal absolutist choices, rejecting totally both terrorism and torture. Such choices are not fanatic, impractical, or defeatist. In facing a TBS, we must do anything humanly possible to save the lives at risk, which means doing everything in our power that does not involve losing our own humanity. Which in turn means never to torture or otherwise ill-treat another human being.Less
This chapter provides the book's conclusions. The consequentialist morality of extreme situations, as advocated by those who justify interrogational torture in a ‘pure’ theoretical ticking bomb situation (TBS), is reflected in the actual legal positions and practices of states facing terrorism that have chosen to torture. However, such states face moral, practical and legal obstacles, some of them insurmountable. The words of a UK diplomat, a Palestinian would-be suicide bomber, and an international terrorist are quoted to illustrate everyone's freedom to make — even facing emergencies, danger, and oppression — minimal absolutist choices, rejecting totally both terrorism and torture. Such choices are not fanatic, impractical, or defeatist. In facing a TBS, we must do anything humanly possible to save the lives at risk, which means doing everything in our power that does not involve losing our own humanity. Which in turn means never to torture or otherwise ill-treat another human being.
K. D. Ewing and C. A. Gearty
- Published in print:
- 2001
- Published Online:
- March 2012
- ISBN:
- 9780198762515
- eISBN:
- 9780191695193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198762515.003.0004
- Subject:
- Law, Human Rights and Immigration
This chapter discusses the restrictions on free speech and public assembly that were introduced during the General Strike of 1926. These restrictions seemed to apply disproportionately against the ...
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This chapter discusses the restrictions on free speech and public assembly that were introduced during the General Strike of 1926. These restrictions seemed to apply disproportionately against the communists. During the General Strike one to two million unionists went on a strike to support the miners who had been locked out by the coalowners. This event resulted in a number of important legal issues, which are discussed in this chapter.Less
This chapter discusses the restrictions on free speech and public assembly that were introduced during the General Strike of 1926. These restrictions seemed to apply disproportionately against the communists. During the General Strike one to two million unionists went on a strike to support the miners who had been locked out by the coalowners. This event resulted in a number of important legal issues, which are discussed in this chapter.
Robert H. Cole
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780520222212
- eISBN:
- 9780520928619
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520222212.003.0022
- Subject:
- History, American History: 20th Century
This chapter offers some reflection and recollections of the legal issues associated with the Free Speech Movement (FSM). It explains that the FSM was initially fighting for the freedom to advocate ...
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This chapter offers some reflection and recollections of the legal issues associated with the Free Speech Movement (FSM). It explains that the FSM was initially fighting for the freedom to advocate and organize off-campus actions that everyone assumed were legal or constitutionally protected, for the university had prohibited all such political activity without distinction. The chapter also provides general background of how free speech law had developed in the decades before the 1960s.Less
This chapter offers some reflection and recollections of the legal issues associated with the Free Speech Movement (FSM). It explains that the FSM was initially fighting for the freedom to advocate and organize off-campus actions that everyone assumed were legal or constitutionally protected, for the university had prohibited all such political activity without distinction. The chapter also provides general background of how free speech law had developed in the decades before the 1960s.
